Winery can't add market and deli

Wednesday

Feb 13, 2013 at 12:01 AM

STOCKTON - The Viaggio Estate and Winery's request to open an agricultural market and deli was denied by the San Joaquin County Board of Supervisors on Tuesday, ending a months-long debate between the winery and the San Joaquin Farm Bureau Federation, which opposes prepared food services on farmland.

Keith Reid

STOCKTON - The Viaggio Estate and Winery's request to open an agricultural market and deli was denied by the San Joaquin County Board of Supervisors on Tuesday, ending a months-long debate between the winery and the San Joaquin Farm Bureau Federation, which opposes prepared food services on farmland.

The 3-2 supervisors' decision hinged on details as minute as whether Viaggio would serve pre-made sandwiches or made-to-order sandwiches, the winery's attorney Steve Herum said. Viaggio, a sprawling 23-acre, Mediterranean-style winery on the Mokelumne River in Acampo, had Planning Commission approval to open a store where it could sell produce and allocate 500-square feet of space for prepared food. Herum told supervisors Viaggio would limit the deli's use to a toaster oven or panini maker and a crock pot for soups. He said the space would not use industrial cooking equipment like a grease trap.

"Restaurants have grease traps and fans. They use more than a panini maker and a crock pot," Herum said, adding that Viaggio's application met all county requirements under its ordinance governing produce and prepared food sales on agriculture land.

The Farm Bureau appealed that decision to the Board of Supervisors, calling Viaggio's food service plan a restaurant, which is not permitted on ag land. Viaggio sits on land that falls under the Williamson Act, a law that protects farmland from urban uses, farm bureau manager Bruce Blodgett said.

"This is precedent setting," Blodgett said. "This is a starting point. It's not an ending point. If you allow this restaurant, you are setting a precedent and other wineries are going to line up for similar permits."

Blodgett said other produce stands in San Joaquin County that serve prepared food are not on Williamson Act land.

Herum said his clients, Viaggio owners Larry and Teri Lawrence, have worked to make amends for the past crimes of Viaggio's previous owners, who sold food - most notably from a wood-fired pizza oven - on site without proper permits.

Larry Lawrence left the supervisors meeting frustrated.

"I'm quitting the Farm Bureau," he said. "They are not supporting farmers. They should be helping me, but they're hung up over whether or not I should sell a sandwich?"

Lawrence said he's frustrated that he's done everything by the book. He said he offered to opt out of his Williamson Act contract, a 10-year process which would have increased his property taxes by 70 percent.

"I'm not going to opt out now," he said. "I'll probably sell this place."

Blodgett said there was "no winner" in the hearing. He said he wants Viaggio to succeed, but under the guidelines set by the Williamson Act.